N.J. Stat. tit. 46, ch. 2A

in effect

N.J. Stat. § 46:2A-1 Power of appointment; release or contract not to exercise authorized

A person to whom any legal or equitable power of appointment, whether coupled with an interest or not, is given, may, by deed, release, or covenant or contract not to exercise, the power. L.1943, c. 57, p. 253, s. 1, eff. March 29, 1943.

N.J. Stat. § 46:2A-2 Release as to whole or part of property; manner of release

Said person may release such power: (a) with respect either to the whole, or to any part, of the property subject thereto; (b) in such manner as to reduce the number of, or to limit, the persons or objects, or classes of persons or objects, to whom or for whose benefit an appointment otherwise might be made thereunder. L.1943, c. 57, p. 253, s. 2.

N.J. Stat. § 46:2A-3 Contract not to exercise power

Said person may covenant or contract not to exercise such power: (a) with respect to a part only of the property subject thereto; (b) in favor of any persons or objects, or classes of persons or objects, to whom or for whose benefit an appointment otherwise might be made, other than a reduced or limited number of persons or objects, or classes of persons or objects. L.1943, c. 57, p. 253, s. 3.

N.J. Stat. § 46:2A-4 Application of act to what powers and instruments

This act shall apply to powers of appointment created by instruments coming into operation either before or after this act takes effect; provided, that it shall not apply where such instrument expressly prohibits a release of, or covenant, or contract not to exercise, such power. L.1943, c. 57, p. 254, s. 4.

N.J. Stat. § 46:2A-5 Deed, covenant or contract where power is created; acknowledgment; filing

Such deed, covenant or contract, where the power has been or shall be created by: (a) a last will and testament, shall be acknowledged in the same manner as conveyances of land, and shall be recorded in the office of the surrogate of the county in which such last will and testament was admitted to probate, or in the office of the Clerk of the Superior Court, if such will was admitted to probate in that court or before the ordinary. Said deed, covenant or contract, or a copy thereof, shall be filed with the fiduciary or fiduciaries under said will, if such there be; (b) a conveyance recorded in an office where conveyances of lands are recorded, shall be acknowledged in the same manner as such conveyances, and shall be recorded in such office; (c) a nontestamentary instrument of trust shall be filed with the fiduciary or fiduciaries of such trust; (d) an unrecorded nontestamentary instrument containing a power of appointment where the property subject to the power is not under the control of a fiduciary, shall be acknowledged in the same manner as conveyances of lands and shall be recorded in the office of the clerk or register of deeds and mortgages of the county in which the donee of the power of appointment resides. L.1943, c. 57, p. 254, s. 5. Amended by L.1953, c. 44, p. 820, s. 1, eff. March 19, 1953.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026